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(영문) 서울행정법원 2019.07.19 2019구합50823
의사면허자격정지처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From January 10, 2013 to October 27, 2015, the Defendant: (a) deemed that the Plaintiff: (b) performed vaccinations, etc. subject to non-benefit payments to certain patients; and (c) claimed medical expenses, etc. as medical care benefit costs; and (b) accordingly, “a false claim for medical expenses by forgery or alteration of relevant documents or by fraudulent or other unlawful means; and (c) rendered a disposition suspending qualification for the Plaintiff on October 4, 2018 (hereinafter “instant disposition”) on January 15, 2018 pursuant to Article 66(1)7, etc. of the Medical Service Act (hereinafter “instant disposition”).

B. The instant disposition was sent on October 5, 2018, and reached C, an employee of Bsanbu on October 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 4-3, the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The Defendant’s lawsuit in this case is unlawful, even if the period for filing the lawsuit expires.

B. 1) Determination 1) The instant disposition is presumed to have been issued on October 10, 2018 because it reached the Plaintiff’s business cause C, and thus the Plaintiff is presumed to have been issued on the same date. Thus, it is apparent that the instant disposition was filed on January 9, 2019 after the lapse of 90 days from the date of delivery of the instant disposition, since it is apparent that the Plaintiff was filed on October 9, 2019 after the lapse of the period for filing a lawsuit, unless there is any counter-proof (see, e.g., Supreme Court Decisions 99Du9742, Dec. 28, 1999; 2016Du60577, Mar. 9, 2017).

3. The conclusion of the instant lawsuit is dismissed, and it is so decided as per Disposition.

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